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Madras High CourtCRL A/1289/2025allowed

Sweta Gupta v. M/S. Forwad Shoes Pvt Ltd

2025-08-21Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Sweta Gupta .... Appellant/Complainant in all the petitions Vs

1. M/s. Forward Shoes (I) Pvt. Ltd, No.57, ADAM Nagar Main Road, Nagalkeni, Chrompet, Chennai - 600 044.

2. Shri Mohameed Yavar Dhala, Managing Partner, S/o. Shri Asgar Ali Dhala, No.7, MGR Nedunchalai Nagalkeni, Chrompet, Chennai - 600 044. .....

Respondents in all the petitions PRAYER in Crl.A.No.1289 of 2025 : Criminal Appeal has been filed under Section 378 of Cr.P.C., 1973, praying to set aside the acquittal order in C.C.No.495 of 2014 on the file of the learned Judicial Magistrate Court No.I, Tambaram dated 03.06.2023.

PRAYER in Crl.A.No.1290 of 2025 : Criminal Appeal has been filed under Section 378 of Cr.P.C., 1973, praying to set aside the acquittal order in C.C.No.494 of 2014 on the file of the learned Judicial Magistrate Court No.I, Tambaram dated 03.06.2023.

PRAYER in Crl.A.No.1291 of 2025 : Criminal Appeal has been filed under Section 378 of Cr.P.C., 1973, praying to set aside the acquittal order in C.C.No.473 of 2014 on the file of the learned Judicial Magistrate Court No.I, Tambaram dated 03.06.2023.

For Appellant in all the petitions : Mr.Revathi Manivannan

JUDGMENT

This criminal appeal is directed as against the order passed in C.C.Nos.473, 493 and 495 of 2014 dated 03.06.2023 on the file of the learned Judicial Magistrate No.I, Tambaram thereby dismissed the complaint for default.

2. It is seen that the petitioner/appellant lodged a complaint for the offence under Section 14(2)/14A of the Employee's Provident Funds and Miscellaneous Provisions Act, 1952 as against the respondents and the same was taken on file by the Judicial Magistrate No.I, Tambaram in C.C.Nos.473, 493 and 495 of 2025. While pending trial, the petitioner failed to appear before the trial Court on 03.06.2023 and therefore, C.C.Nos.473, 494 and 495 of 2014 were dismissed for default by the Judicial Magistrate No.I, Tambaram, aggrieved by the same present appeal is filed.

3. This Court perused the materials available on record and in order to give one more opportunity to the appellant, this Court set aside the order passed in C.C.Nos.473, 494 and 495 of 2014 on 03.06.2023.

4. Accordingly, these appeals are allowed and the matter is remanded back to the trial Court for fresh disposal by issuing fresh notice to the parties in accordance with law.

21.08.2025 Speaking order/Non-speaking order Index :Yes/No Internet :Yes/No Sma To Judicial Magistrate No.I, Tambaram.

G.K.ILANTHIRAIYAN, J.

Sma 21.08.2025